GOLAK PRASAD MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present CRLMC application has been filed by the Petitioner, who happens to be the president of Orissa Consumer"s Cooperative Federation Ltd., with a prayer to quash the FIR bearing Vigilance Case No.30 dtd. 2/6/2010, under Annexure-1, the Charge-sheet No.05 dtd. 30/3/2013 under Annexure-2 and the entire criminal proceeding arising out of T.R. No.42 of 2013 which corresponds to Bhubaneswar Vigilance P.S. Case No.30, involving commission of offences under Sec. 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1998 ("PC Act") and Sec. 420, 468, 471, 120-B of the IPC, pending in the court of the learned 3rd Additional Sessions Judges, Bhubaneswar.

(2.) The factual matrix of the present case, as gathered from the FIR and Final Form, at Annexures-1 and 2 respectively, and bereft of unnecessary details, is that earlier on 2/6/2010 Bhubaneswar Vigilance FIR No.30 was lodged pursuant to a report filed by the Superintendent of Police, Vigilance Cell Unit Office, Bhubaneswar, alleging irregularities in distribution of coal by the "Orissa Consumer"s Cooperative Federation Ltd" (hereinafter "OCCF") during the effective period of 2008-2009 and 2009-2010. It was alleged that during the aforementioned period OCCF has sold coal earmarked for deserving MSMEs, i.e. small consumers in non-core sectors whose annual consumption is less than 4200MT, as per the Ministry of Coal, Government of India, Resolution No.23011/4/2007 dtd. 18/10/2007, at a higher rate in the open market, while failing to distribute the profits amongst deserving MSMEs.

(3.) Upon inquiry, it was further revealed that Shri Akhil Kumar Jena, the MD of OCCF, vide letter dtd. 10/7/2008, had requested the Director of Industries, Odisha, to appoint the OCCF as the "State Nominated Agency" (hereinafter "SNA") for distribution of coal to MSMEs in the state. Consequently, OCCF was appointed as the SNA for receiving 60,000MT coal from M/s Mahanadi Coal Fields Ltd. (hereinafter "MCL") and a Fuel Supply Agreement ("FSA") was executed with MCL by the BM, OCCF on 5/9/2009. It was alleged that prior to the issuance of the Government order and execution of the FSA, a decision was taken by the President of OCCF on 12/8/2008 to engage a Marketing Agent for receipt and distribution of coal. A notice inviting willingness was issued on 14/8/2008, and three applications were purportedly received, whereafter, one Debendra Kumar Panda of M/s Vinayak Minerals was appointed as Marketing Agent vide order dtd. 22/8/2008 bearing Order No.979 issued by the MD, OCCF and an agreement was executed with him by the GM, OCCF on 9/9/2008 and 8/5/2009 for the period 2008-2009 and 2009-2010 respectively to manage the daily affairs of the OCCF and receive 3% margin out of the 5% margin due to OCCF.